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Employee Handbook

Version 1.1.14

Physician’s Choice Staff member Handbook Version 1.1.14

MESSAGE FROM THE MANAGMENT We warmly welcome you to Physician’s Choice Hospice. You are an important part of a passionate Agency that is proud of its reputation in the healthcare industry. Our Agency’s success has been built on team effort, combining the talents of many people to achieve a common goal to be a leader in hospice and patient care. The more we work together, the more we progress as individuals and as an Agency – and the better we serve our patients and their families. Your industry knowledge and customer service skills will help distinguish our organization from our competitors. We recognize this and in return we strive to offer you an environment which will provide you with great personal satisfaction and professional growth. Physician’s Choice Hospice is proud of its commitment to our Employees. Maintaining good two-way communication is essential to the successful operation of our Agency. If any stated policy is not clear, or if you are puzzled about anything, feel free to go to your supervisor, any member of management or human resources. You are entitled to and will receive prompt answers to your questions. We take great pride in providing quality patient care and are continually searching for new and better ways to service their needs. Your suggestions are important to this process and key for Physician’s Choice Hospice to grow. If you have any ideas for us, we want to know. Once again, welcome to Physician’s Choice Hospice. It is our hope that we will grow and prosper together. Ginger Barsotti Owner / Administrator

WELCOME This Manual is designed to acquaint you with Physician’s Choice Hospice (also referred to as “Agency” in this handbook) and provide you with information about working conditions, benefits, and policies affecting your employment. The information contained in this Manual applies to all employees of Physician’s Choice Hospice. Many of the provisions will also apply to the Agency's volunteers. Where policies apply equally to employees and volunteers, they will be referred to collectively as "staff." Following the policies described in this Manual is considered a condition of continued employment. However, nothing in this Manual alters an employee’s at-will employment status. The contents of this Manual shall not constitute nor be construed as a promise of employment or as a contract between the Agency and any of its Employees or volunteers. The Manual is a summary of our policies, which are presented here only as a matter of information. You are responsible for reading, understanding, and complying with the provisions of this Manual. Our objective is to provide you with a work environment that is constructive to both personal and professional growth.


CHANGES IN POLICY This Manual supersedes all previous Employee manuals and memos that may have been issued from time to time on subjects covered in this Manual. However, since our business and our organization are subject to change, we reserve the right to interpret, change, suspend, cancel, or dispute with or without notice all or any part of our policies, procedures, and benefits at any time. We will notify all staff of these changes. Changes will be effective on the dates determined by the Agency, and after those dates all superseded policies will be null. No individual supervisor or manager has the authority to change policies at any time. If you are uncertain about any policy or procedure, speak with your direct supervisor.

EMPLOYMENT APPLICATIONS We rely upon the accuracy of information contained in the employment application and the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment.

PRE-EMPLOYMENT SCREENINGS AND DOCUMENTATION Physician’s Choice Hospice policy is to run a criminal background check, drug screening, and driving record on every applicant. All applicants shall complete and sign the authorizations allowing these screenings. No person shall be hired until these screenings have been completed and cleared in accordance with State and Federal regulations. Likewise, all employees must show that they have proper authorization to work in the United States. Under Federal Law, all employees must complete a form I-9 and show proper accompanying documentation within 3 days of the date of hire. Under no circumstances will employees be allowed to continue to work if they fail to provide proper documentation of their work-eligibility within this timeframe. The Agency will consider the seriousness and extensiveness of any adverse information obtained during the background check, along with State and Federal regulations regarding caregivers, in making a determination of eligibility for employment. Job applicants and/or current staff members who are subject to background checks will be given an opportunity to explain any discrepancies between the job application and the results of the background check. Applicants and/or current staff members will not automatically be rejected for a position based on a history of arrests and/or convictions, unless so required by State or Federal law. The Agency will consider the arrest or conviction in light of the nature of the job, the nature and seriousness of the offense, and when the offense occurred in determining whether the information found in the criminal background check is grounds for denial of employment, withdrawal of an employment offer, or dismissal of a staff member. Any material misrepresentation on the job application either by omission or falsification of information may be grounds for denial of employment, withdrawal of an employment offer, or dismissal of a staff member.


ONGOING DUTY TO INFORM OF CRIMINAL OFFENSE As a Hospice care provider, Physician’s Choice Hospice is required to comply with 63 O.S. 1-1950.1, which mandates that it conduct criminal background checks on all staff members. In addition, Physician’s Choice Hospice requires that you inform your Supervisor and/or the Human Resources Department immediately if, during your employment, you are convicted of, plead guilty or no contest to, or have received a deferred sentence for a felony or misdemeanor offense in any state or federal jurisdiction. While not all such situations will result in immediate termination of your employment (the action taken will depend on the crime and/or other factors), failure to notify Physician’s Choice of such a situation will be grounds for immediate discharge. All background check information will be kept confidential.

INTRODUCTORY PERIOD Employees are employed for an introductory probation period of 90 days. This introductory period may be extended to 120 days in the event that a problem occurs. In the event that the introductory period is extended, eligibility for certain benefits such as paid holidays, vacation and sick leave will also be extended, as detailed in various portions of this Handbook. This introductory period may or may not conclude with a written evaluation. At any time before or during this introductory period an employee may resign or be relieved of their duties with or without cause. Employment remains "at-will" at all times. Employees who successfully complete their introductory period will become "regular employees."

CODE/STANDARDS OF CONDUCT Every staff member represents Physician’s Choice Hospice to our patients and families. We want to show pride in our agency and in ourselves. It is important that we speak and behave in ways that show how proud we are of this organization and the work we do each day. To support these goals we will:

1. Be kind, considerate, respectful and friendly to those around us. 2. Provide our patients with quality care and support excellent customer service. 3. Be cooperative and flexible in working with others, especially colleagues. 4. Perform tasks assigned in our job descriptions. 5. Follow the instructions of supervisors and management. 6. Be respectful of the property of the organization and others. 7. Represent Physician’s Choice Hospice professionally at all times. 8. Be aware of safety and follow safety guidelines.


The following behaviors are contrary to the Standards of Conduct and therefore deemed grounds for disciplinary action up to and including immediate termination: 1. Disrespect towards patients, co-workers, or families including mental, physical or verbal abuse. 2. Falsifying or altering documents and reports or records. 3. Divulging confidential information concerning patients. 4. Misusing or removing agency property, records, or other materials from the office without proper

authorization. 5. Engaging in activity which might endanger the well-being of a patient, family member or staff member. 6. Possession or showing signs of the use of illegal drugs, mood altering substances or intoxicating

beverages. 7. Willfully falsifying the employment application or other data used by Physician’s Choice Hospice. 8. Insubordination or refusal to follow supervisory and/or management instructions. 9. Possessing firearms or weapons of any kind while at work or work related events. 10. Spreading gossip that could be detrimental to patients, their families, co-workers, or Physician’s Choice

Hospice. 11. Knowingly withholding information regarding violation of rules or agency standards. 12. Excessive absences or tardiness. 13. Positive Drug Screen results. Unethical behavior not specifically listed will be viewed on its own merit and may be subject to disciplinary action up to termination.

ATTENDANCE AND NO-CALL/NO-SHOW Regular attendance and punctuality is an expectation of all our employees and are important elements in our efforts to provide high-level patient care. We will be able to achieve our mission only when all members of our team are contributing positively. When employees meet their obligation to report for work and do so punctually, the burden of work is not passed on to co-workers or delayed, and patients are given the care they need and deserve. Reworking assignments or schedules to accommodate absences / tardiness represent waste and inefficiency which may prevent us from reaching our goals. Still, we recognize that staff occasionally become ill, need to miss work or will be late. Paid time off (as described later in this Handbook) is made available and should be utilized for such unscheduled events. Missing a scheduled work day and failing to call or notify Physician’s Choice Hospice of your absence is the same as quitting your job. You will no longer be employed at the Agency. Eligibility for Unemployment Benefits will be affected.

CORRECTIVE ACTION Employees are expected to comply with Agency standards for work performance and personal conduct and to follow established policies and procedures. Any employee who commits an offense will be subject to corrective action. Corrective action is and must remain solely within the discretion of the management. Physician’s Choice Hospice retains the right to discharge any employee at any time without notice, cause or additional compensation beyond that which is due to employees for hours already worked.


Action Determination: 1. The level of corrective action is intended to be in keeping with the offense, consistent with prior

actions and designed to influence the employee to improve. 2. Supervisors are expected to investigate the situation prior to taking corrective action. The level of

investigation that is expected will vary with the situation. 3. Employees may be placed on suspension without pay until the investigation is completed. Corrective Action: When corrective action is warranted, the following may be employed depending upon the severity of the offense at the discretion of management. 1. Documented Verbal Warning 2. Written Warning 3. Final Written Warning 4. Suspension without pay 5. Discharge All corrective action will be recorded by the supervisor using the Corrective Action Form. The Corrective Action Form will be completed by the supervisor and reviewed with the Director of Operations and Director of Human Resources prior to being presented to the employee. Discharge results when further misconduct or continued unacceptable performance has continued or when management determines at its discretion that the offence justifies discharge. Counseling: The supervisor and Director of Human Resources will counsel the employee and review the Corrective Action as close to the time of the offense as possible. The Corrective Action Form will be signed by the employee, the supervisor and the Director of Human Resources and will be forwarded to the Director of Operations for review. The Corrective Action Form will be included in the employee’s personnel file.

EMPLOYEE PERSONNEL FILE An employee file will be kept in the Human Resource Department for every employee. Items such as the employment application, employee documentation, insurance elections, job descriptions and all things pertaining to the employee will be kept in the file. These files are the property of Physician’s Choice Hospice and are strictly confidential. Employees may schedule a time with the Human Resources Department to review their file, however documents remain the property of the Agency. It is at the Agency’s sole discretion to allow copies of the documents located in the files to be given to the employee.


BENEFITS - VACATION / SICK LEAVE

1. Only full time regular employees are entitled to SICK and VACATION paid time off. 2. SICK and VACATION time will start accruing from an employee’s first day of full time employment;

however, employees are not eligible to start utilizing these benefits until they have successfully completed their introductory period. . These accruals will not show on an employee’s pay stub until the employee has completed his or her introductory period.

3. If employment is severed by either party prior to your completion of the introductory period, accrued time will not be paid out.

4. Full Time employees will accrue 3.5 hours every pay period for VACATION time and 1.5 hours every pay period for SICK time. SICK time is used as needed.

5. VACATION time must be requested at least one month in advance and is granted at the sole discretion of the employee’s supervisor or Director of Operations. No more than 1 week can be used at a time without special consideration. It is at the supervisor’s discretion to grant the request according to staffing needs. If a conflict arises between two or more employees regarding the selection of time off dates, the supervisor should make the determination on the basis of seniority (hire date) and scheduling demands.

6. It is the employee’s responsibility to turn in an approved SICK or VACATION leave form to the Human Resources Department before the close of payroll in order to be paid on the next payroll check (even if it’s listed on your timesheet).

7. Accrued SICK leave will not be carried over year to year based on your eligible anniversary date. 8. A maximum of 40 hours of accrued VACATION may be carried over year to year per anniversary date.

In order to be eligible for vacation roll-over, employees must submit a vacation request roll-over form and get permission from their supervisor. VACATION / SICK time cannot be used within 45 days prior to any voluntary terminations.

9. VACATION / SICK time will not be used in the calculation of overtime. 10. Accrued VACATION/SICK time will not be paid out at termination. 11. The Human Resources Department maintains a record of vacation and sick days accrued and used.

Each employee is responsible for verifying his/her pay stub to make sure the correct amount of hours appear.

BENEFITS - HEALTH INSURANCE Physician’s Choice Hospice offers a benefits program for its full-time employees. However, the existence of these programs does not signify that an employee will necessarily be employed for the required time necessary to qualify for the benefits included in and administered through these programs. Health Insurance Benefits for regular full-time employees will begin on the 1st of the month following 60 days of full time employment. Employees will receive a benefit packet during the first 30 days of full time employment. It is the employee’s responsibility to submit their elections to the Human Resources Department 30 days prior to the start of their benefit coverage. If an employee misses the enrollment deadline, they will be able to enroll into the program during the Annual Open Enrollment period. The Agency offers Medical, Dental, Vision and Life Insurance to our employees. The Agency pays a portion of the employee’s elected plan(s) and will deduct the appropriate amount for continued coverage from every payroll check. Your Human Resources Department will discuss these costs with you prior to insurance


enrollment. The employee will also be offered additional benefits such as Accident Coverage, Cancer Protection, Disability Income Protection, and additional life insurance coverage.

BENEFITS - LIFE INSURANCE / AD&D Physician’s Choice Hospice covers all Full Time employees with $25,000 in Life Insurance which includes AD&D at no cost to the employee.

BENEFITS – SIMPLE IRA Full time employees are eligible to enroll in the SIMPLE IRA plan after 90 days of continued service. The Agency will contribute to your Simple IRA a matching contribution equal to your salary reduction contributions up to a limit of 3% of your annual salary.

BENEFITS - HOLIDAY PAY The following Holiday Pay policy is a benefit provided to regular Full Time employees (employees who have successfully completed their Introductory Period before the date on which the holiday falls). Employees still within their Introductory Period are not eligible for Holiday Pay. Holiday pay is 1 ½ times the regular rate of pay for all regular Full Time hourly employees who work on the following holidays:

New Year’s Day (January 1st) Memorial Day (last Monday in May) Independence Day (July 4th) Labor Day (first Monday in September) Thanksgiving Day Christmas Day

Physician’s Choice Hospice will grant paid holiday time off to all regular Full Time eligible employees. Those employees not scheduled to work will get paid 8 hours pay for these holidays. If eligible nonexempt employees work on a recognized holiday, they will receive holiday pay wages at 1 ½ times their regular pay for the hours not to exceed 8 hours worked on the holiday. Exempt employees required to work on a designated Agency holiday may reschedule holiday time off equal to the number of hours of the regular shift. Rescheduled time must be taken within 30 days after the holiday or be forfeited. Paid time off for holidays will not be counted as hours worked for the purposes of determining overtime. If an employee calls in sick the day before or after a scheduled holiday, they will not receive holiday pay. If a recognized holiday falls during an eligible employee’s paid absence (such as vacation), holiday pay will be provided instead of the paid time off benefit that would have otherwise applied.


A legal holiday that falls on a Saturday will be observed on the preceding Friday. A legal holiday that falls on a Sunday will be observed on the following Monday.

PAY DAY AND PAY PERIODS The pay periods are the 1st – 15th and the 16th – End of month. Pay days are normally the 6th and the 21st unless it falls on a weekend or holiday. If the pay day falls on a Saturday, you will receive your pay on the Friday before. If it falls on a Sunday, you will receive pay on the Monday after. Employees who resign or have been terminated from Physician’s Choice Hospice will have their final pay available to them in the normal payroll manner, by signing their timesheet or entering time into Consolo, and signing the termination checklist. Any equipment, vehicles, keys, etc. that are not turned in may result in delay of payment or a deduction in the employee’s final paycheck. Time must be entered daily to avoid delays in proper payroll distribution. If an employee needs extra time to enter their daily totals, they must get approval from their supervisor. To avoid delays in payroll disbursement it is imperative to enter your time in a timely manner. Any violation of this policy could result in discipline up to termination. If an employee fails to record time daily and payroll has already been processed, you must bring it to the attention of the payroll coordinator and any money owed will be paid on the following pay date.

WORK DAY AND WORK WEEK The work day begins at 12:00 a.m. each day and ends at 11:59 p.m. The workweek begins at 12:00 a.m., Sunday, and ends at 11:59 p.m. on Saturday. The normal workweek is forty (40) hours, or eight (8) hours per day, Monday through Friday; however, employees may be required to work hours in addition to the normal workweek or alter their schedule if patient and/or Agency demands so require.

TIME KEEPING POLICY/ NO OFF-THE-CLOCK WORK As an employer, the Agency is subject to numerous federal, state, and local laws and regulations that govern the way it conducts business. The laws that regulate employees’ wages and hours are designed to insure that employees are paid, as specified, within these regulations. These records contain valuable information pertaining to scheduled hours worked, non-exempt hours worked, paid time off accruals, and leave reporting. All employees are required to turn in a record of hours worked. These are legal records of the time an employee has worked and are the basis upon which non-exempt employees are paid. Entries must reflect the actual hours worked, excluding meal breaks. The Agency does not allow non-exempt employees to "work off the clock" (perform work without recording it). Working off the clock is considered a form of time card fraud and will lead to disciplinary action, up to and including dismissal. Employees must correct errors and omissions on time records and make adjustments as soon as possible. If an employee has been underpaid, steps will be taken to pay the employee no later than the next pay period. If an employee has been overpaid, the employee is expected to reimburse the overpayment to the Agency. Falsification or misrepresentation of time records will result in disciplinary action up to and including dismissal. It is the responsibility of each employee to report ALL of his/her time worked, the beginning and end times of all meal periods, and/or time away from work accurately and completely for each pay period. Any falsification


or misrepresentation of time and attendance information (even those which the employee perceives may benefit the Agency) may result in disciplinary action, up to and including dismissal. Employees, Timecard Approvers (Supervisors/Managers) and Payroll Approvers (HR and Accounting Personnel) are responsible for ensuring that the reported work time and time away from work accurately reflects all hours worked for each pay period and validates this by approving the employee’s timecard. Employees are responsible for notifying Payroll of any work schedule changes for employees in their assigned areas. Errors in reporting hours worked, even those occurring inadvertently; can result in serious consequences to the Agency and the individuals involved. It is the expectation that every employee will adhere to all payroll and timekeeping practices/polices that address payment of employee hours and wages. The Agency does not have, nor does it authorize the use of, compensatory (comp) time for non-exempt employees. Comp time is a procedure where an employee receives paid time off at a later date for hours worked in excess of a normal work schedule.

DEDUCTIONS FROM PAY The only deductions made from your pay are those required by State and Federal Law and those mutually agreed upon between you and Physician’s Choice Hospice. Required by law: • Federal Income Tax Withholding • Oklahoma State Income Tax Withholding • Federal Social Security Withholding • Medicare • Court ordered garnishments or child support

OVERTIME Full Time hourly employees will work a schedule of not more than 40 hours per week starting Sunday at 12:00 a.m. to the following Saturday at 11:59 p.m. “Worked” hours in excess of 40 hours in any work week will be considered as overtime. Overtime will be paid at a rate of 1 ½ times the hourly rate. However, overtime is permitted only in cases of emergency and must have the prior approval of your supervisor.

ON CALL STAFFING Physician’s Choice Hospice will have 24 hour / 7 day a week nursing staff on call. This staff will be coordinated and scheduled by the Director of Clinical Services. This staff will be available by cell phone and respond to calls within 20 minutes of the request. The answering service will receive after hour calls and the nursing staff will respond with the intervention necessary to resolve the concern. This will be recorded on the required paperwork to ensure consistency and reliability. Employees are paid for time spent on these calls, and therefore, need to report this time as hours worked on their time sheets.


REIMBURSED EXPENSES Miles traveled from patient to patient are covered miles when it is not the employee’s first stop. Mileage to and from the office is not reimbursed. Mileage from your home to a patient’s residence or vice versa is not covered unless travel is used for On Call and Continuous Care purposes; then mileage to and from the patient’s home is covered. (Efforts to conserve travel time are encouraged.) Travel from a patient’s home to the office is covered. Mileage is paid for other designated agency activities including:

1. To and from in-service activities held outside the office which are approved by the management staff. 2. To and from bereavement activities in the service area which are pre-approved by the management

staff. 3. Other agency related activities are covered only as pre-approved by the management staff.

TRAVEL TIME Travel time is covered whenever mileage is covered. See section on mileage above.

REIMBURSEMENT PROCEDURE FOR MILEAGE AND EXPENSES Employees are required to record reimbursable mileage on their timesheet. This will be submitted with the timesheet and paid on the corresponding paycheck. Employees are required to submit an Expense Report for all covered expenses. These must be submitted to the respective manager for approval and turned in to the Human Resources Department. The expenses will be paid out monthly on the employee’s paycheck or paid out of petty cash.

LEAVES OF ABSENCE

DISCRETIONARY LEAVE OF ABSENCE From time to time, and based on the individual circumstances, the Agency may allow employees to take a discretionary leave of absence. During a discretionary leave of absence the agency may fill the employee’s position. When the employee returns from leave they will be considered for return to work if an opening is available. Failure to return promptly will be considered a voluntary resignation.

FAMILY MEDICAL LEAVE ACT The Agency offers leave consistent with the requirements of the Federal Family and Medical Leave Act (FMLA). Under the FMLA, an employee may be eligible for an unpaid family and medical leave of absence under certain circumstances.


1. Requirements and Reasons for FMLA Leave Under the Federal FMLA, a person who has worked as an employee of the Agency for at least twelve (12) months, has been employed for at least 1,250 hours of service during the 12-month period immediately preceding the commencement of the leave, and is employed in an office or worksite where 50 or more employees are employed by the Agency within 75 miles of that office or worksite is eligible for FMLA leave. Highly compensated employees are excluded from this policy (see definitions in this policy). It is the policy of the Agency to grant up to twelve (12) weeks of FMLA leave during a 12-month period. The 12-month period is measured forward from the date of the employee’s first FMLA leave. FMLA leave is unpaid unless an employee has accrued vacation or paid time off (if applicable). The employee may use paid leave first and take the remainder of the 12 weeks as unpaid leave. The substitution of paid leave time for unpaid leave time does not extend the FMLA authorized leave period. A husband and wife both employed by the Agency are jointly entitled to a combined total of 12 work weeks of FMLA leave during a 12-month period for the birth or placement of a child for adoption or foster care or to care for a parent who has a serious health condition. However, in the case of a serious health condition of the husband or wife or child, the husband and wife would each be entitled to a total of 12 weeks of leave. Up to twelve weeks of leave per year consisting of appropriate accrued vacation or paid time off (if applicable) and unpaid leave are available for the following reasons: • The birth of a child and to care for the newborn child; • Placement of a child into adoptive or foster care with the employee; • Care for a spouse, son, daughter, or parent who has a serious health condition; • Care for the employee’s own serious health condition; • Due to “any qualifying exigency” arising out of the fact that the spouse, son, daughter, or parent of the

employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation; or

• Care for a spouse, son, daughter, parent, or next of kin who is a covered service member recovering from a serious illness or injury sustained in the line of duty on active duty.

NOTE 1: A “serious health condition” is defined as a condition which requires inpatient care at a hospital, hospice, or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care or a condition which requires continuing care by a licensed healthcare provider. NOTE 2: Care for a service member entitles an eligible employee to up to 26 weeks of leave in a single 12-month period to care for the service member. This military caregiver leave is available during “a single 12-month period” during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave.


The entitlement to leave for the birth or placement of a child for adoption or foster care will expire twelve (12) months from the date of the birth or placement. Additionally, leave provided under FMLA for the birth or placement of a child may not be taken intermittently or on a reduced leave schedule. Intermittent leave for care for a family member or oneself who has a serious health condition will be allowed provided that it is medically necessary and supported by medical certification. An employee requesting intermittent leave or leave on a reduced schedule that is foreseeable may be required to transfer temporarily to another position that has equivalent pay and benefits and better accommodates recurring periods of leave. 2. Intermittent or Reduced Leave Generally, FMLA leave must be taken all together and may not be split into smaller periods. However, if intermittent or reduced leave schedule is medically necessary because of the employee’s serious health condition or the serious health condition of a spouse, child or parent (or nearest blood relative in the case of service member leave) and the health care provider certifies that it is medically necessary, the employee may be granted leave on an intermittent or reduced leave schedule. This means the employee may work a fewer number of days per week than normal or work a fewer number of hours per work day than normal. As noted above, leave for the birth or placement of a child may not be taken on an intermittent or reduced leave schedule. When intermittent or reduced leave schedule is allowed the employee must attempt to schedule their leave so as not to disrupt operations. Additionally, management may require the employee to temporarily transfer to an available alternate position for which they are qualified which provides equal pay and benefits and which better accommodates the intermittent or reduced leave schedule. 3. Service Member Family Leave Eligible employees whose spouse, son, daughter or parent is on covered active duty or call to covered active duty status may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness. The FMLA definitions of “serious injury or illness” for current servicemembers and veterans are distinct from the FMLA definition of “serious health condition”.


4. Combined Leave Total If an eligible employee qualifies in the applicable 12-month period for leave to care for a service member and leave for one of the other purposes described above, that employee shall be entitled to a combined total of 26 workweeks of leave. If both a husband and wife work for the Agency and are eligible for service member family leave, then they are entitled to take only a combined total of 26 weeks leave during the single 12-month period. 5. Application for Leave In all cases, an employee requesting leave must complete certain required paperwork, which consists of “Application for Family and Medical Leave” and the appropriate certification documents, if applicable. The completed application must state the reason for leave, the duration of the leave, and the starting and ending dates (if known) of the leave. All forms must be returned to the Human Resources Department. 6. Notice of Leave If the need for leave is foreseeable, an employee must give notice of leave and submit an application for leave to Human Resources at least thirty (30) days before the leave. For example, thirty (30) days notice must be given before leave requested for the expected birth or placement of a child for adoption or foster care or because of a planned medical treatment. If 30 days notice is not possible, the employee must give notice as soon as practicable (within two business days of learning of your need for leave) by submitting an “Application for Family and Medical Leave.” Failure to provide appropriate notice or submit an application may result in denial of the leave. Upon receipt of required documentation, the Agency will notify the employee within two (2) business days in writing or no later than the employee’s next regular payday whether or not the leave will be designated as FMLA leave. While on leave, the employee must call into the Human Resources Department on the 1st and 3rd Tuesday of each month regarding his/her status and intention to return to work. 7. Certifications of Leave The employee must also provide the appropriate certifications depending upon the type of leave. The possible certifications may include 1) WH-380-E - Certification of Healthcare Provider for Employee’s Serious Health Condition, 2) WH-380-F - Certification of Healthcare Provider for Family Member’s Serious Health Condition, 3) WH-384 - Certification of Qualifying Exigency for Military Family Leave, or 4) WH-385 - Certification for Serious Injury or Illness of Covered Service Member for Military Family Leave. The certification must be returned within 15 days after the employee requests leave or it has been determined that the employee qualifies for leave. Failure to provide requested certification in a timely manner might result in denial of leave until it is provided. In the case of an employee’s own serious health condition, the Agency reserves the right to require a second or third opinion at its expense and also can require a medical certification as frequently as every 30 days. In addition, the Agency will require certification of the employee’s ability to return to work if the leave is related to the employee’s serious health condition.


8. Benefits Coverage During Leave While an employee is on an approved FMLA leave, the Agency will continue the employee’s Group Health and Life Benefits (if applicable) during the leave period at the same level and under the same conditions as if the employee had continued to work. While on paid leave (if applicable), the Agency will continue to make payroll deductions to collect the employee’s share of the premium. While on unpaid leave, the employee must continue to make this payment either in person or by mail. The payment must be received by Human Resources by the 1st day of each month. The employee’s health care coverage will cease if the premium payment is more than 30 days late. If the employee chooses not to return to work for reasons other than a continued serious health condition of the employee or the employee’s family member or a circumstance beyond the employee’s control, the Agency will require the employee to reimburse the Agency the amount it paid for employee’s health insurance premium during the leave period. A COBRA qualifying event will occur if the employee does not return at the end of the FMLA period. The employee will then be sent COBRA continuation information to continue the group health coverage at the COBRA rates. 9. Restoration of Employment An employee who takes leave under this policy will be able to return to the same position or a position with equivalent status, pay, benefits, and other terms and conditions of employment. The Agency cannot guarantee that an employee will be returned to his/her same position. The Agency retains the right, at its sole discretion, to make a determination as to whether a position is an “equivalent position.” Highly compensated employees (e.g., highest paid 10% of salaried employees at each worksite, typically must make $100,000 annually or more) may not be returned to their same position if restoration of employment would cause “substantial and grievous economic injury” to the Agency. 10. Workers Compensation If you sustain an on-the job injury that qualifies as a serious health condition under this policy, the Agency will run your FMLA leave concurrently with your workers' compensation leave. The Agency will provide timely notice as required by the FMLA. 11. Non-Discrimination Statement Management will not interfere with, restrain, or deny an employee the opportunity to exercise any right provided under FMLA. Management will not discharge or discriminate against any employee for opposing any practice made unlawful by FMLA or because of an employee's involvement proceeding under or related to FMLA. 12. Prohibited Outside Employment Employees on FMLA leave are prohibited from working as a paid employee for another person or organization while on leave or absent from their regularly scheduled duties and still employed by the Agency. This prohibition against outside employment continues to apply to the employee during the time the employee is on FMLA leave.


13. Return from Leave Following the completion of FMLA leave, employees will be reinstated to their former position, or to an equivalent position, except as provided below. 13.1 You fail to return to work after the expiration of the FMLA leave period; 13.2 Your employment would have been terminated (e.g. by layoff, job elimination, conclusion of temporary employment, etc.) had you continued to be actively employed during the FMLA leave period; 13.3 You are no longer qualified for the position due to your inability to satisfy the requirements of the position (such as training, licensing, certification, etc.) as a result of the leave, and you fail to fulfill those requirements after being given a reasonable opportunity to do so; 13.4 You are no longer able to perform the essential functions of the job, unless accommodation is required by applicable law; 13.5 You are a “key” employee (a salaried employee who is among the highest paid 10% of employees) and denial of reinstatement is necessary to prevent substantial and grievous economic injury to the operation of the Agency; or 13.6 Your failure to provide medical certification of fitness to return to work (in this event, reinstatement will be denied until the certification is provided). Following the completion of FMLA leave for an employee’s own serious health condition, an employee must provide a fitness for duty certification specifying their ability to perform the essential functions of their job in order to return from FMLA leave. 14. Failure to Return from Leave The failure of an employee to return to work upon the expiration of an approved FMLA period will be considered a voluntary resignation of employment with the Agency unless an extension was granted in advance with appropriate documentation. An employee who requests an extension of FMLA leave due to the continuation, recurrence, or onset of his/her own serious health condition or of the serious health condition of the employee’s spouse, child, or parent must submit a request for an extension in writing to Human Resources. Failure to request an extension prior to the expiration of the leave period may result in denial of the request. This written request should be made as soon as the employee realizes that he/she will not be able to return at the expiration of the leave period. Reinstatement is not guaranteed on a leave extended beyond the initial 12-week leave period. Reinstatement after an extension will be based on the Agency’s needs. Agency health coverage is not eligible for extension.


LEAVE AS A REASONABLE ACCOMMODATION UNDER THE AMERICANS WITH DISABILITIES ACT The Agency will grant a leave to qualified individuals with a disability if it is determined that leave is necessary to provide the employee with a reasonable accommodation for the employee's disability. Leave may be a reasonable accommodation for a disability in various situations, including, but not limited to: • When an employee needs to obtain medical treatment (e.g., surgery, psychotherapy, substance abuse

treatment, or dialysis); rehabilitation services; or physical or occupational therapy; • When an employee needs to recuperate from an illness or an episodic manifestation of the disability; • When an employee needs to obtain repairs on an assistive device, such as a wheelchair, accessible van,

or prosthetic device; • When leave will allow an employee to avoid temporary adverse conditions in the work environment

(for example, an air-conditioning breakdown causing unusually warm temperatures that could seriously harm an employee with multiple sclerosis);

• When the leave will allow an employee to receive training in the use of an assistive device. The Agency requires that employees use accrued paid leave before taking unpaid leave to accommodate a disability. However, employees who do not have paid leave available will be allowed to take unpaid leave as a reasonable accommodation. The Agency does not provide additional paid leave beyond its normal paid leave for employees taking leave as a reasonable accommodation for a disability.

BEREAVEMENT LEAVE Regular Full Time employees are eligible for the following: Up to three regularly schedule workdays between the time of death and the day after the funeral with pay for a death in the immediate family. Immediate family is defined as: parent, spouse, brother, sister, child, stepparent, stepchild, grandparent, grandchild and parent-in-law. For deaths in the family no further than first cousin, four hours is allowed with pay to attend the funeral.

JURY DUTY AND COURT APPEARANCES In the event a member of the staff is required to serve jury duty or as a witness as described by applicable law, and formal notification of the same is presented to the supervisor for review, excuse from work will be granted with no effect upon the employee’s seniority rights or benefits. If the employee is scheduled to work the day of the jury date the employee will be paid the difference between the regular hourly rate of pay and the jury duty pay not to exceed the employee’s normal day’s work hours, for up to a maximum of one work week. In order to receive compensation from the Agency, the employee must present his/her jury duty pay voucher to his/her supervisor who will submit with timesheet and arrange for payment. The employee is responsible for notifying the supervisor of the days off from work while serving as a juror. The employee is required to report to work on a day not assigned to jury duty. After one work week, jury duty is unpaid except for jury duty pay from the Court. Employees on extended jury duty may request to use vacation time for time spent on a jury after paid jury duty ceases. However, this is entirely at the option of the employee. The Agency neither requires nor requests that employees serving long-term jury duty use vacation time to cover uncompensated time.


Employees who serve as a witness for Physician’s Choice Hospice will be paid their hourly rate. Employees may use vacation/sick leave when subpoenaed to witness for a non-agency related matter.

MILITARY LEAVE Military leave is provided for employees participating in military service of the Armed Forces of the United States or in the Armed Forces Reserves. Employees are afforded reemployment rights and retain full seniority benefits for all prior service upon reemployment in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Employees need to provide their military service orders to their supervisor/manager for review prior to commencement of the leave. The Uniformed Services Employment and Re-employment Rights Act (USERRA) mandates that while an individual is performing military service for the United States, he/she is deemed to be on a furlough or leave of absence and is entitled to the rights accorded other employees on non-military leaves of absence. Under USERRA, employees are allowed, but not required, to use accrued paid leave while performing military duty. Employees performing military duty of more than 30 days may elect to continue employer-sponsored health insurance for up to 24 months. For military service of less than 31 days, health insurance coverage is provided as if the employee had continued working. Any employee called to active military duty must provide a copy of his/her service orders to his/her supervisor/manager and Human Resources for review prior to commencement of the leave. Reinstatement Returning service members discharged under honorable conditions must be re-employed in the job that they would have retained had they not been absent for military service, with the same seniority, status and pay, as well as other rights and benefits determined by seniority. The period within which an employee must apply for reinstatement is based upon the length of military service. If the service was less than 31 days, the employee must return on the next regularly scheduled workday after release from service (taking into account travel time and a minimum of eight hours rest time). If the service was more than 30 days but less than 181 days, the employee must submit an application for re-employment within 14 days of release from service. For a service longer than 180 days, the employee must submit an application for re-employment within 90 days of release from service. Any applicable law or regulation will govern military leave.

VOTING LEAVE Employees are entitled to up to two (2) hours of time off to vote if the employee does not have three (3) hours before his or her shift begins or after it ends in which to vote while polls are open. This leave will be paid if the employee presents to the employer proof of voting. To be eligible for voting leave, an employee must inform the Agency of their intention to take the leave prior to the day of the election or vote. The Agency will schedule employees to take voting leave or may, instead, adjust employee schedules so that employees have three (3) hours before or after their shift in which to vote while polls are open.


CHANGE OF INFORMATION It is the responsibility of each employee to promptly notify the Human Resources Department of any change of address, telephone number, marital status, direct deposit or dependent change that would affect payroll tax withholding deductions.

DRESS CODE / UNIFORMS All employees are required to dress professionally. Staff may wear uniforms, lab coats, scrubs or casual dress in good taste. No visible body piercing is allowed beyond conventional earrings. Jewelry, such as watches, rings, and bracelets, must be kept simple and in good taste. All employees must utilize good hygiene practices. Clothing must be clean, neat, and pressed. No jeans will be allowed unless otherwise approved by the supervisor. T-shirts worn with scrubs may not have advertisement or slogans on them. No rubber or plastic flip flops are allowed. Tattoos that can be construed as offensive must be covered. If you are unsure as to whether or not your tattoo falls into this category, it is advised that you cover it up. Tattoos that may not be deemed as offensive but which are larger than 4” x 2” must also be covered up. Management, at its sole discretion, can and will make the final decision as to whether a tattoo or dress attire is deemed appropriate or inappropriate for normal business operation.

TOBACCO AND SMOKE-FREE WORKPLACE

The Agency has adopted a “Tobacco and Smoke-Free Workplace” policy for all Agency buildings, patients’ homes, on patients’ property or in Agency vehicles. This policy is applicable to all employees, and applies equally to all tobacco-products, including cigarettes and chewing tobacco. Management does not offer opinions as to the advisability of tobacco use, but because use of these products can be offensive to other employees, patients and their families, the Agency does exercise its right to make the work environment free from the use of these products by its employees.

NAME BADGE Each employee will be provided with a name badge upon employment. Employees are responsible for wearing their name badge at all times while on duty. This is a regulatory requirement. Replacement name badges will be provided at a reasonable cost to the employee and may be deducted from their pay.

PATIENT’S RIGHTS TO PRIVACY Physician’s Choice Hospice will follow the privacy notice guidelines that are given to all hospice patients and family members. Employees are required to maintain the privacy of protected health information at all times and to only disclose PHI as allowed by agency policies and procedures and the HIPPA Privacy and Transaction Rules. All information regarding patients is confidential and should not be discussed except in the line of duty. Even then, individual patient matters should not be discussed where it may be overheard by anyone other than the intended. Likewise, charting should not be done in a location where the information may be viewed by non-employees. Persons requesting information about a patient must be directed to their nurse.


GIFTS AND GRATUITIES Employees may not accept gifts or money from patients or families. If offered, your appreciation should be expressed, but the gift declined with an explanation stating that we offer professional services to all patients and that agency policy prohibits gifts from being accepted.

EQUAL OPPORTUNITY AND NON-DISCRIMINATION It is the agency’s policy and Federal Law to handle all personnel action on a non-discriminatory basis. Employment, promotion, transfer and staff discipline and discharge will be addressed without regard to race, religion, national origin, citizenship status, sex, pregnancy, sexual orientation, status as a veteran, genetic information, age or mental and/or physical disability.

AMERICANS WITH DISABILITIES ACT The Agency adheres to the Americans with Disabilities Act (ADA) and makes every effort to ensure that qualified individuals with a disability are not discriminated against in any terms, conditions, or privileges of employment. The ADA requires employers to provide a reasonable accommodation to qualified individuals with known disabilities in all aspects of employment, unless the accommodation would cause an undue hardship to the employer. An individual with a disability is a person who: 1. Has a physical or mental impairment substantially limiting one or more major life activities; or 2. Has a record of such impairment; or 3. Is regarded as having such an impairment (however, no reasonable accommodation is required in this

instance). A qualified individual is a person with a disability who meets the skill, education, experience, training, and other job-related requirements of position, and who, with or without a reasonable accommodation, can perform the essential functions of the position. We are committed to providing a reasonable accommodation to the known physical or mental limitations of such individuals so they can perform the essential functions of a job, unless the accommodation would create an undue hardship. It is the responsibility of the employee to notify the Agency anytime he or she believes reasonable accommodation is needed for a covered disability under the ADA. Any qualified applicant or employee with a disability who requires an accommodation in order to perform the essential functions of the job should contact their manager and human resources representative.

SEXUAL AND/OR OTHER UNLAWFUL HARRASSMENT Sexual harassment and harassment based on any other protected class in any form will not be tolerated regardless of the form such harassment takes. Any staff member who believes they are being unlawfully harassed should report their situation to the Human Resource Department immediately. All such reports will be treated as confidential.


A Statement of Philosophy: Physician’s Choice Hospice is proud of the professional environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal opportunities and is free from discriminatory practices including sexual and other unlawful harassment. This policy covers all staff members of Physician’s Choice Hospice. The agency does not tolerate, condone, or allow unlawful harassment, whether engaged in by staff members, supervisors, vendors or any other non-staff member who conducts business with Physician’s Choice Hospice. Such behavior is unacceptable in the workplace itself and in other work-related settings and business related social events. Definition of Unlawful Harassment: State and Federal laws define and prohibit such conduct. For purposes of this section, Unlawful Harassment is defined as unwelcomed and/or unwanted conduct of sexual nature (verbal or physical) or based upon race, color, religion, sex, national origin, creed, age, disability, handicap, marital status, ancestry, veteran status or any other characteristic protected State or Federal law when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s continuing employment, or

2. Submission to or rejection of such conduct is used as a basis for employment decisions, or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work

performance or it creates and intimidating, hostile or offensive working environment. Complaints: Any staff member who has a complaint of unlawful harassment at work by anyone, including supervisors, co-workers, or visitors, must bring the problem to the attention of the Agency. Staff members may bring their complaint to their supervisor, a member of management, or Human Resources. If the complaint involves someone in the staff member’s direct line of command, then the staff member may go to another supervisor with the complaint. All complaints will be promptly handled and as confidentially as possible under the circumstances. The Agency will exercise confidentiality in conducting its investigation of a complaint, but all staff members should realize that some complaints, by their very nature, might necessarily result in the disclosure of facts that will make the identity of the parties to the complaint obvious to the accused or witnesses. The Agency will retain confidential documentation of all allegations and investigations and will take appropriate corrective action, including disciplinary action, up to and including termination when justified, to remedy all violations of this policy. Physician’s Choice Hospice prohibits any retaliation against any staff member who raises concerns about discrimination or harassment, whether formally or informally, whether within or without the Agency, and whether or not those concerns are determined to be valid.


NO SOLICITATION AND DISTRIBUTION Solicitation is defined as distribution of literature, collections or sales on facility property. Non-employees are prohibited from soliciting or distributing literature on facility property at any time. Employees who wish to sell items for charitable organizations or school fund-raisers must receive prior approval from the Director of Operations.

CONFIDENTIAL INFORMATION All Agency information and publications not intended for public distribution (policies and procedures, organizational charts, patient and provider information, etc.) are the property of Physician’s Choice Hospice. Agency publications (handbooks, manuals, etc.) issued to staff members during the course of employment are to be returned upon leaving the Agency. Staff members may not copy documents or communicate confidential information to unauthorized persons either within or outside the Agency. Unauthorized disclosure of confidential information may be cause for termination of employment. This policy is not intended to prohibit employees from discussing their wages, salaries or other terms and conditions of employment with one another or with outside third parties.

CONFLICT OF INTEREST The Agency expects that you will have no outside interests during the course of your employment that may conflict with the business interests of Physician’s Choice Hospice. This includes other jobs that might affect your job performance or financial interests of yourself or a member of your immediate family that may cause a conflict with your loyalty to the Agency in conducting business.

SAFETY POLICY It is the policy of this organization to provide a safe and secure work environment for employees and to manage its safety program in such a way as to minimize the frequency and severity of all job related accidents. Employees are expected to abide by all safety rules and report any unsafe conditions to the Human Resources Department.

ACCIDENTS All employee or patient injuries, no matter how minor, must be reported to the supervisor and Human Resource Department as soon as possible. If an individual is injured or involved in an accident, employees should first assist the injured person then immediately report the incident to their assigned nurse. All injuries will be reported using an Incident Report Form provided by the Human Resources Department. Employees may be sent for drug and alcohol testing following a workplace accident. Please see our drug and alcohol policy in this handbook for further information.


PHYSICAL EXAMINATIONS, TB TESTS AND VACCINATIONS The State Health Department requires that a physician, nurse practitioner or registered nurse certify that they are free from certain diseases. This is a simple examination. A health form will be completed upon employment. Each new employee must be tested for tuberculosis at the beginning of employment and annually thereafter to remain eligible for employment. If a TB test shows a positive reaction, the employee must follow the State Health Department guidelines. You may also provide proof of this test from the Health Department or Center for Disease Control. Employees who may have contact with blood and other bodily fluids associated with Hepatitis B transmissions will be offered a Hepatitis B vaccination free of charge in amounts and times prescribed by standard medical practices. You may accept or decline to receive the series of injections by completing the Hepatitis B vaccination denial / consent form.

USE OF AGENCY PROPERTY AND/OR EQUIPMENT All Agency property including, but not limited to, desks, storage areas, work areas, file cabinets, credenzas, computer systems, office telephones, cellular telephones, modems, facsimile machines and duplicating machines and agency cars must be used properly and maintained in good working order. The Agency reserves the right, at all times and without prior notice, to inspect and search any and all of its property for the purpose of determining whether this policy or any other policy of the Agency has been violated, or when an inspection and investigation is determined to be appropriate for purposes of promoting safety in the workplace or compliance with state and federal laws. These inspections may be conducted during or after business hours and in the presence or absence of the staff member. Staff members have no right of privacy as to any information or file maintained in or on Agency property or transmitted through the Agency. For purposes of inspecting, investigating, or searching staff members' files or documents, the Agency may override any applicable passwords, codes, or locks in accordance with the best interests of the Agency, its staff members, patients, or visitors. All bills and other documentation related to the use of Agency equipment or property is the property of the Agency and may be reviewed and used for purposes that the Agency considers appropriate. Staff members may access only files or documents that they have permission to enter. Unauthorized review, duplication, dissemination, removal, damage, or alteration of files, or other property of the Agency or improper use of information obtained by unauthorized means may be grounds for disciplinary action, up to and including, but not limited to, dismissal and / or possible legal action.


USE OF TECHNOLOGY AND THE INTERNET The Agency’s technical resources including desktop and portable computer systems, fax machines, internet access, cell phones, voicemail, texting and electronic mail (e-mail) enable staff members to quickly and efficiently access and exchange information throughout the Agency. When used properly, these resources greatly enhance staff member productivity and knowledge and patient care. In many respects, these new tools are similar to other Agency tools, such as stationery, file cabinets, photocopiers, and telephones. Because these technologies are both new and rapidly changing, it is important to explain how they fit within the Agency and within the responsibilities as a staff member. This policy applies to all technical resources that are owned, leased, paid-for or otherwise utilized by the Agency, that are used on or accessed from Agency premises or through the Agency’s network or that are used for Agency business. This policy also applies to all activities using any Agency-paid accounts, subscriptions, or other technical services, such as Internet access, voice mail, and e-mail. The Agency’s technical resources are provided for the benefit of the Agency and its patients. These resources are provided for use in the pursuit of Agency business. Staff members have no right of privacy as to any information or file maintained in or on Agency property or transmitted or stored through the Agency’s computer, network, voice mail, e-mail, texting or telephone systems or related resources including records of use or billing records. Sending, saving, or viewing offensive material is prohibited. Messages stored and / or transmitted by computer, cell phone, voicemail, e-mail, or telephone systems must not contain content that may reasonably be considered offensive to any staff member. Offensive material includes, but is not limited to, sexual comments, jokes or images, racial slurs, gender-specific comments, or any comments, jokes or images that would offend someone on the basis of his or her race, color, creed, sex, age, national origin or ancestry, physical or mental disability, veteran status, marital status, medical condition, as well as any other category protected by federal, state, or local laws. Any use of the Internet to harass or discriminate is unlawful and strictly prohibited by the Agency. Violators will be subject to discipline, up to and including, but not limited to, dismissal and / or legal action. Staff members may not give out their usernames or passwords to anyone including fellow staff members. No one other than a staff member is allowed to use our equipment.

LICENSE AND CERTIFICATION In those positions requiring license or certification, it is the responsibility of the employee to ensure that their license or certification remains current and valid. Employees must provide licensure / certification renewal cards to the Human Resources Department prior to their expiration date. All employees must provide a current Drivers License and Vehicle Insurance Card to the Human Resources Department upon hire regardless if they drive an Agency vehicle or not. It is the employee’s responsibility to provide current Drivers License and Vehicle Insurance Cards as renewed to the Human Resources Department before the expiration date.


Failure to provide current license and certification information as described above could result in disciplinary action up to termination.

LEAVING THE AGENCY

1. VOLUNTARY – At least two weeks advanced notice of voluntary self-termination is desired and reflects a good employee’s professionalism toward their work, employer and co-workers. An employee who fails to report to work on time and does not call to explain their delay will be assumed to have voluntarily terminated their employment. Their position will be filled without notice to the employee.

2. DISCHARGE – Physician’s Choice Hospice reserves the right to dismiss an employee when the quality of an employee’s performance or conduct does not meet expectations, or for any other reason, with or without cause, except for reasons prohibited by state or federal law.

BUILDING SECURITY All employees who are issued keys to the office are responsible for their safekeeping. These employees will sign a Building Key Disbursement form upon receiving the key. The last employee, or a designated employee, who leaves the office at the end of the business day assumes the responsibility to ensure that all doors are securely locked, the alarm system is armed, thermostats are set on appropriate evening and/or weekend setting, and all appliances and lights are turned off with exception of the lights normally left on for security purposes. Employees are not allowed on Agency property after hours without prior authorization from your supervisor, Director of Operations or Management.

INSURANCE ON PERSONAL EFFECTS All staff members should be sure that their own personal insurance policies cover the loss of anything occasionally left at the office. Agency assumes no risk for any loss or damage to personal property.

VISITORS IN THE WORKPLACE To provide for the safety and security of staff members, visitors, and the facilities at Physician’s Choice Hospice, only authorized visitors are allowed in the workplace. Restricting unauthorized visitors helps ensure security, decreases insurance liability, protects confidential information, safeguards staff member welfare, and avoids potential distractions and disturbances. If you wish to bring a visitor, family member, friend, etc. you must obtain approval from your supervisor, Director of Operations, or Management. Under no circumstances should visitors be given access to patient information or allowed to access the Agency’s computer systems.

PROMOTIONS When opportunities for promotions become available, first consideration will be given to current employees. Performance records, ability, loyalty, professionalism, overall job performance, and seniority will be considered as criteria for promotions.


EMERGENCY CLOSINGS At times, emergencies such as severe weather, fires, power failures, or earthquakes can disrupt Agency operations. In extreme cases, these circumstances may require the closing of a work facility. In the event that such an emergency occurs during normal working hours, operational closings will be determined by the Director of Operations and/or Management and local radio and/or television stations will be asked to broadcast notification in accordance with the FLSA regulations. Physician’s Choice Hospice offers services in several counties in Oklahoma. The closing may be limited to only a specific service area depending on the location(s) of the emergency. Exempt employees will be paid as usual with no deduction of pay or benefit time. In cases where an emergency arises but the Agency does not decide to close its facilities, employees who fail to report to work will not be paid for the time off. Both exempt and non-exempt employees will, with supervisory approval, be allowed to use available paid leave time.

OPEN DOOR POLICY The Agency is committed to maintaining a climate for employee relations that promotes maximum personal development and achievement. The Agency is dedicated to treating employees fairly and providing good working conditions, competitive wages and benefits. The Agency fully supports open and direct communication to permit the resolution of employee problems in an atmosphere of mutual trust and responsiveness to individual circumstances. The most satisfactory solution to a job-related problem or concern is usually reached through a prompt discussion with the employee’s supervisor/manager. Employees should feel free to contact their supervisor/manager with any suggestions and/or concerns. If an employee does not feel comfortable contacting their supervisor/manager or if to do so would not be appropriate under the circumstances or the employee is not satisfied with his or her response, employees may submit their concern or suggestion to Human Resources. Human Resources will review the situation with senior management and a final resolution will be provided upon further deliberation. While the Agency provides employees with this opportunity to communicate their views, please understand that not every complaint can be resolved to one’s satisfaction. Even so, the Agency believes that open communication is essential to a successful work environment and all employees should feel free to raise issues of concern without fear of reprisal.

DISPUTE RESOLUTION PROCEDURE The Agency maintains a dispute resolution program, which implements a multi-step procedure which employees can and must use for resolving disputes that arise out of their employment. The dispute resolution program is detailed at length in separate agreement that all employees must sign. In summary, the steps of the dispute resolution program are:

1. Internal complaint; 2. Investigation by the Agency; 3. Response to complaint by Agency; 4. Mediation, if necessary.


DRUG AND ALCOHOL POLICY This policy applies to the following: All employees and staff members that are currently employed at Physician’s Choice Hospice, all locations and all departments. It is recognized that the health of a staff member can affect his/her performance. It is also recognized that alcohol and drug abuse is a major health concern and that no organization is immune to its effects. The intent of this policy is to share with staff members our Agency’s viewpoints on those behavioral and medical disorders and to provide guidelines for consistent handling regarding alcohol and drug abuse situations. Should a staff member have questions concerning any aspect of our Drug and Alcohol Policy or procedures he/she should contact their supervisor for further explanation. Our Agency is most concerned about those situations where the use of alcohol and other drugs interferes with the health, job performance and safety of our staff members as well as our patients. Such interference can only be considered detrimental to our patients and overall business. While it is not the intent or desire to intrude upon the private lives of staff members, we do have an obligation to provide the best possible working environment for all staff members and to ensure the safety of all our patients.

PROCEDURE: PROHIBITED CONDUCT I. All staff members will be subject to termination if, while on Agency property, in Agency vehicles or

while conducting Agency business, they: A. Misuse or abuse non-prescribed drugs, prescribed drugs or alcohol. B. Use, sell, have unauthorized or illegal possession of or are under the influence of controlled

substances, hallucinogens, intoxicants, or any substance that significantly alters the staff member’s mental or physical faculties, or if they sell or have unauthorized possession of drug paraphernalia.

II. TESTING

Our Agency may require individuals to undergo drug and alcohol testing under certain circumstances, as allowed by applicable law. Individuals will have 3 hours to show proof of the testing from the facility confirmed to comply with state and federal requirements. These are the following circumstances: A. Applicant Testing All individuals that seek employment with Physician’s Choice In Care will be required to submit to and successfully pass drug and/or alcohol test. If an individual refuses to test or receives a positive test result, the individual will be considered ineligible for hiring. Individuals may reapply after 6 months and successfully passing a drug and/or alcohol test.


B. Periodic Testing Agency may require a staff member to undergo drug and/or alcohol testing as part of a routinely scheduled fitness-for-duty medical exam to the extent such an exam is regularly conducted on the staff member. Also, any staff member may be required to undergo drug and/or alcohol testing which is routinely scheduled for all members of the staff member’s job classifications. C. For Cause Where there are reasonable grounds to believe that a staff member is under the influence of any substance referenced in Section “I” of this policy the staff member will be required to submit to and successfully pass a drug and/or alcohol test.

By way of example only, the Agency may have reasonable grounds to believe an staff member is under the influence based upon such circumstances as physical symptoms or manifestations of being under the influence of drugs or alcohol or direct observation of drug or alcohol use while at work or on duty; a reliable and credible report of drug or alcohol use while at work or on duty; evidence that an individual has tampered with a drug or alcohol test during his or her employment with Agency; negative performance factors; or drugs or alcohol on or about the staff member’s person or in the staff member’s vicinity while on duty or while on Agency premises or operating Agency’s vehicles, machinery or equipment.

D. Post-Accident Agency may require a staff member to undergo drug and/or alcohol testing if the staff member or another person has sustained a work-related injury or Agency property has been damaged and Agency has a reasonable suspicion that the accident was a direct result of the staff member’s use of drugs or alcohol.

An staff member who is injured and cannot provide a specimen at the time of the accident shall provide the necessary authorization for obtaining hospital reports and other documents that would indicate whether there were any controlled substances or alcohol in his/her system. E. Random Agency may require any staff member to undergo drug and/or alcohol testing on a random selection basis. In selecting staff members covered by the policy will be equally subject to being selected and Agency will not have the discretion to waive the selection of any staff member. F. Post-Rehabilitation Testing In the event Agency allows an employee to return to work after the employee has received a confirmed positive test the drugs or alcohol or following participation in an approved drug or alcohol dependency treatment program, Agency my require the employee to undergo drug or alcohol testing without prior notice for a period of up to two (2) years from the date the employee returns. G. Refusal Any employee refusing to submit to a drug and/or alcohol test will be subject to immediate termination.


III. TESTING METHODS AND COLLECTION PROCEDURES A. Testing methods and substances which may be tested.

Any drug and alcohol testing by the Agency will be treated as work time for purposes of compensation and benefits for current employees. The Agency will pay all costs of testing required by the Agency. However, if an individual requests a confirmation test of a sample in order to challenge the results of a positive test, the individual is responsible for the costs of the retest unless the retest reverses the findings of the challenged positive test. In such a case, the Agency will reimburse the individual for the costs of the retest. Testing may be conducted either at laboratory facilities that are licensed by the State Department of Health, or other designated regulatory body to perform drug or alcohol testing, or by any other method which is reasonably calculated to detect the presence of drugs or alcohol, including but not limited to, breathalyzer testing, testing by use of a single-use test device, known as an on-site or quick testing device, to collect, handle, store and ship a sample for testing. Facilities doing urine analysis tests must either be certified for such tests by the Federal Department of Health and Human Services or be accredited for such tests by the College of American Pathologists or other organizations recognized by the State Board of Health. A written record of the chain of custody of a drug or alcohol test sample shall be maintained from the time of the collection of the sample until the sample is no longer required. Management and supervisors are to restrict conversations concerning possible violations of this Policy to those persons who are participating in any questioning, evaluation, investigation or disciplinary action and who have a need to know about the details of the investigation.

IV. SUBSTANCES WHICH MAY BE TESTED

Amphetamine Barbiturates Benzodiazepines Cocaine Methadone Methaqualone Opiates Phencyclidine Propoxyphene Cannabinoid Alcohol

V. CONFIDENTIALITY OF POLICY RECORDS

All drug testing records and documents generated as a result of this policy are confidential and the property of Agency. All drug testing records will be maintained and used in compliance with the Oklahoma Standards for Workplace Drug and Alcohol Testing Act. Upon request of the applicant or staff member tested, drug test records will be made available to the applicant or staff member for inspection and copying.


VI. DISCIPLINE

A. Refusal to Provide Consent and/or Revocation of Consent, Failure or Refusal to Submit to Testing and/or Inspection

i. A staff member’s refusal to sign Agency’s consent form or refusal/failure to submit to a

drug/alcohol test when so requested, constitutes, insubordination and serious misconduct that will subject the staff member to termination of employment.

ii. Refusal to permit inspection or search of personal property or areas under the staff member’s control when requested to do so by management, or to produce a substance to management for content testing and evaluation will subject the staff member to termination of employment.

iii. A confirmed positive test result will subject the staff member to termination of employment.

B. Confirmed Positive Test Result Tests with positive results shall be confirmed with secondary tests under the applicable state guidelines. Any staff member who receives a confirmed positive test result will be subject to disciplinary action up to termination on a case by case basis.

C. All Other Violations All other violations of this policy which are not specifically noted above will result in disciplinary action, the severity of which shall be in the sole discretion of Agency’s management consistent with current policies and procedures.

D. Suspension Pending Investigation Any staff member who is the subject of an investigation regarding possible violation of this policy may be placed on suspension without pay pending full investigation of the matter. If such an investigation results in a finding of no violation of this policy, the staff member will be returned to work and made whole for lost wages during the suspension.

VII. APPEAL PROCEDURE

In addition to the right of the staff member who receives a confirmed positive test result to be given the opportunity to provide a confidential explanation and evidence, if any why the results should not be deemed positive, the staff member who receives discipline, including termination from employment, may request Agency to reconsider its disciplinary decision. Any such request by the staff member must be made in writing within (10) days from the date the staff member has been notified of the disciplinary decision. The request for reconsideration shall be given by the staff member to his or her immediate supervisor. The request may be accompanied by any additional written material the staff member desires to submit. The immediate supervisor will then submit the request for the reconsideration and any accompanying written material to the appropriate personnel at the Agency. After receipt of the request for reconsideration, Agency will provide the staff member with a decision in response to the staff member’s request for reconsideration.


VIII. DRUG FREE Workplace Training

A drug awareness program will be implemented to inform staff members about dangers of drug abuse and behavioral changes that may indicate controlled substance use or abuse. Supervisors will be trained on drug-free workplace policy; the supervisor’s specific responsibilities in implementing the policy; and the way to recognize and deal with staff members who have job performance problems that could be related to alcohol and other drugs.

IX. CRIMINAL DRUG STATUTE CONVICTION

All staff members who are convicted of a violation of a federal or state drug statute, including a plea of guilty or no contest, for an occurrence on or off Agency premises of job locations is subject, within thirty (30) days of Agency learning of the conviction or plea, to discipline up to and including termination as determined by management. Any staff member failing to notify their immediate supervisor within 30 days of a criminal drug conviction will be subject to disciplinary action up to and including discharge and barred from entering Agency’s premises and/or job locations.

X. CHANGES OR MODIFICATIONS

Agency reserves the right to change the provision of this policy at any time. Written notice of all changes or modifications to the policy will be given to affected staff members thirty (30) days prior to implementation of the changes or modifications.

XI. NOT A CONTRACT/GUARANTEE OF EMPLOYMENT

Nothing in this policy is to be construed as a contract for or a guarantee of employment for any period of time or as altering the at-will relationship of Agency and staff member, meaning either party can terminate employment at any time, for any reason and for no reason.

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